Solar importers intend to oppose President Donald Trump’s Oct. 10 proclamation ending an exemption from safeguard duties for bifacial panels (see 2010130028), they told the Court of International Trade in a status report filed Oct. 15. The proclamation runs contrary to the safeguard laws, and is barred by a CIT injunction currently in effect against the Office of the U.S. Trade Representative’s earlier attempts to end the exemption, they said. The brief was filed hours after a related court decision left the injunction in place.
Akin Gump said there’s no legal precedent for its Sept. 10 complaint before the U.S. Court of International Trade in which HMTX Industries and Jasco Products allege the Office of the U.S. Trade Representative overstepped its authority under the 1974 Trade Act to impose the Lists 3 and 4A Section 301 tariffs on Chinese imports (see 2009110041). The suit, plus the other roughly 3,500 nearly identical complaints filed at the CIT, seek to vacate the Lists 3 and 4A rulemakings and get the duties refunded. DOJ is expected to oppose Akin Gump's motion for a three-judge panel to manage the litigation when responses are due Oct. 21 (see 2010010043)
The following lawsuits were filed at the Court of International Trade during the week of Oct. 5-11:
President Donald Trump issued a proclamation Oct. 10 that the Office of the U.S. Trade Representative says will end a hotly contested exemption for bifacial panels from safeguard duties on solar cells, despite a Court of International Trade injunction against its elimination that for now remains in effect (see 1912050063). The proclamation also increases the tariff applicable under the safeguard to account for bifacial panels already imported under the safeguard.
CBP issued the following releases on commercial trade and related matters:
The following lawsuits were filed at the Court of International Trade during the week of Sept. 28-Oct. 4:
President Donald Trump’s “many tweets” and statements from his administration are strong evidence the White House unlawfully imposed the Lists 3 and 4A tariffs to boost the U.S. Treasury and not curb the allegedly bad Chinese trade behavior documented in the Office of the U.S. Trade Representative’s March 2018 Section 301 investigative report. So said the lawyer for two automotive components importers making the case that the tariffs are unconstitutional because only Congress has the power of taxation.
President Donald Trump’s “many tweets” and statements from his administration are strong evidence the White House unlawfully imposed the lists 3 and 4A tariffs to boost the U.S. Treasury and not curb the allegedly bad Chinese trade behavior documented in the Office of the U.S. Trade Representative’s March 2018 Section 301 investigative report. So said the lawyer for two automotive components importers making the case that the tariffs are unconstitutional because only Congress has the power of taxation.
The thousands of complaints seeking to vacate the List 3 and 4A Section 301 tariffs on Chinese goods and get the duties refunded (see 2009220027) warrant the U.S. Court of International Trade assigning the litigation to a three-judge panel instead of a single judge, motioned (login required) Akin Gump Wednesday on behalf of importers HMTX Industries and Jasco Products. DOJ told Akin Gump it opposes the motion and will file a response, the firm said.
The thousands of complaints seeking to vacate the lists 3 and 4A Section 301 tariffs on Chinese goods and have the duties refunded warrant the Court of International Trade assigning the litigation to a three-judge panel instead of a single judge, Akin Gump said Sept. 30 on behalf of importers HMTX Industries and Jasco Products, in a court filing. The Department of Justice told Akin Gump it opposes the motion and will file a response, it said.